I come now to consider the last set of objections that are
offered against this constitution. It is urged, that this is not
such a system as was within the powers of the convention;
they assumed the power of proposing. I believe they might
have made proposals without going beyond their powers.
I never heard before, that to make a proposal was an exercise
of power. But if it is an exercise of power, they certainly
did assume it; yet they did not act as that body who
framed the present constitution of Pennsylvania acted;
they did not by an ordinance attempt to rivet the constitution
on the people, before they could vote for members
of assembly under it. Yet such was the effect of the ordinance
that attended the constitution of this commonwealth.
I think the late convention have done nothing beyond
their powers. The fact is, they have exercised no
power at all. And in point of validity, this constitution proposed
by them for the government of the United States,
claims no more than a production of the same nature
would claim, flowing from a private pen. It is laid before
the citizens of the United States, unfettered by restraint; it
is laid before them, to be judged by the natural, civil and
political rights of men. By their FIAT, it will become of
value and authority; without it, it will never receive the
character of authenticity and power. The business, we are
told, which was entrusted to the late convention, was
merely to amend the present articles of confederation.
This observation has been frequently made, and has often
brought to my mind a story that is related of Mr. Pope,
who it is well known, was not a little deformed. It was customary
with him, to use this phrase, "God mend me,"
when any little incident happened. One evening a link boy
was lighting him along, and coming to a gutter, the boy
jumped nimbly over it--Mr. Pope called to him to turn,
adding, "God mend me:" The arch rogue turned to light
him--looked at him, and repeated, "God mend you! he
would sooner make a half-a-dozen new ones." This would
apply to the present confederation; for it would be easier
to make another than to mend this. The gentlemen urge,
that this is such a government as was not expected by the
people, the legislatures, nor by the honorable gentlemen
who mentioned it. Perhaps it was not such as was expected,
but it may beBETTER; and is that a reason why it
should not be adopted? It is not worse, I trust, than the
former. So that the argument of its being a system not
expected, is an argument more strong in its favor than
against it. The letter which accompanies this constitution,
must strike every person with the utmost force. "The friends
of our country have long seen and desired the power of war,
peace and treaties, that of levying money and regulating
commerce, and the corresponding executive and judicial
authorities, should be fully and effectually vested in the general
government of the union; but the impropriety of delegating
such extensive trust to one body of men, is evident.
Hence results the necessity of a different organization." I therefore
do not think it can be urged as an objection against this system,
that it was not expected by the people.